HOUSE BILL NO. 159 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on February 1, 2008) (Patron Prior to Substitute--Delegate Albo) A BILL to amend and reenact § 18.2-108 of the Code of Virginia, relating to necessary proof that property is stolen.

Be it enacted by the General Assembly of Virginia:

1.  That § 18.2-108 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-108. Receiving, etc., stolen goods.

A. If any person buy or receive buys or receives from another person, or aid aids in concealing, any stolen goods or other thing, knowing the same to have been stolen, he shall be deemed guilty of larceny thereof, and may be proceeded against, although the principal offender be is not convicted.

B. If any person buys or receives any goods or other thing, used in the course of a criminal investigation by law enforcement that such person believes to have been stolen, he shall be deemed guilty of larceny thereof.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment.  Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.

HOUSE BILL NO. 159 Offered January 9, 2008 Prefiled December 21, 2007 A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 2 of Title 18.2 a section numbered 18.2-109.1, relating to necessary proof that property is stolen. ---------- Patron-- Albo ---------- Committee Referral Pending ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 3 of Chapter 2 of Title 18.2 a section numbered 18.2-109.1 as follows:

§ 18.2-109.1. Proof of knowledge that property is stolen.

Whenever proof of an offense under this article requires proof that any property in the possession of a person was known by that person to be embezzled, stolen, converted, unlawfully taken, altered, counterfeited, falsely made, forged, or disguised, it may be established by proof that the person, after or as a result of receiving an official representation as to the nature of the property, believed the property to be embezzled, stolen, converted, unlawfully taken, altered, counterfeited, falsely made, forged, or disguised.

"Official representation" means a representation made by a law-enforcement officer or by another person at the direction or with the approval of a law-enforcement officer to a person charged with possession of embezzled, stolen, converted, unlawfully taken, altered, counterfeited, falsely made, forged, or disguised property.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment.  Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.